No. 18/1981:

HALLMARKING ACT, 1981

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Approved hallmarks.

3 Regulations prescribing approved hallmarks.

4 International hallmarks.

5 False descriptions of certain articles.

6 Permissible descriptions of unhallmarked articles.

7 Regulations prescribing standards of fineness.

8 Application of certain enactments to platinum.

9 Sponsor's Mark.

10 Restriction of section 59 of Customs Act, 1842.

11 Restriction of section 10 of Revenue Act, 1883.

12 Addition, etc to hallmarked articles.

13 Penalties for forgery, etc. of certain dies and stamps.

14 Charges by Company.

15 Repeals.

16 Regulations to be laid before Houses of Oireachtas.

17 Expenses.

18 Short title and commencement.

SCHEDULE

AN ACT TO AMEND THE LAW RELATING TO THE ASSAYING AND HALLMARKING OF GOLD AND SILVER, TO EXTEND THAT LAW TO ARTICLES OF PLATINUM, AND TO PROVIDE FOR OTHER CONNECTED MATTERS.

[2nd June, 1981]

BE IT ENACTED BY THE OIREACHTAS FOLLOWS:

1.—In this Act

"the Act of 1913" means the Forgery Act, 1913;

"approved hallmark" has the meaning assigned to it by section 2 of this Act;

"articles of precious metal" means articles consisting of or containing gold, silver or platinum or alloys of gold, silver or platinum;

"Assay Master" means the Assay Master for the time being appointed by the Company;

"the Charter" means the Charter granted to the Company on the 22nd day of December, 1637;

"the Company" means the Company described in the Charter as the Wardens and Commonalty of Goldsmiths of the city of Dublin;

"forgery" has the same meaning as in the Act of 1913, and cognate words shall be construed accordingly;

"international hallmark" has the meaning assigned to it by section 2 ( c ) of this Act;

"Irish standards of fineness" has the meaning assigned to it by section 7 of this Act;

"the Minister" means the Minister for Industry, Commerce and Tourism;

"sponsor", in relation to an article of precious metal, means the maker, worker of or dealer in such an article;

"sponsor's mark" has the meaning assigned to it by section 9 of this Act.

2.—(1) For the purposes of this Act each of the following shall be an approved hallmark—

( a ) a mark lawfully struck by the Assay Master, whether before or after the commencement of this Act, in accordance with regulations made under section 3 of this Act,

( b ) a mark lawfully struck in an assay office in the United Kingdom before the 21st day of February, 1927,

( c ) a mark, to be known as an "international hallmark", which is prescribed by regulations under section 3 of this Act as a mark recognised by the Government or the Minister under a treaty or international convention to which the State or the Government is a party and which relates to precious metals and is lawfully struck—

(i) by the Assay Master, or

(ii) in a country other than the State, but is not a mark referred to in paragraph ( b ) of this subsection.

(2) References in the Charter to stamps or marks applied to gold or silver shall be construed as references to approved hallmarks.

3.—(1) The Minister may, after consultation with the Company, make regulations prescribing an approved hallmark for articles of precious metal specified in the regulations or substituting a mark for a mark struck before the commencement of this Act, and from the commencement of the regulations the provisions of this Act applying to an approved hallmark shall apply to the articles of precious metal so specified or to marks so substituted.

(2) Regulations under this section may prescribe different marks for articles manufactured in the State and for articles imported into the State.

(3) Regulations under this section may prescribe an international hallmark as an approved hallmark.

(4) Regulations under this section may contain such consequential or ancillary provisions as appear to the Minister to be necessary or desirable.

4.—(1) Notwithstanding any enactment passed before the commencement of this Act, an article of precious metal manufactured in the State may, at the option of the sponsor, bear either an international hallmark referred to in section 2 (1) (c) (i) of this Act or a mark referred to in section 2 (a) of this Act, or both.

(2) Notwithstanding any enactment passed before the commencement of this Act, an imported article of precious metal which bears an international hallmark referred to in section 2 (1) (c) (ii) of this Act and which conforms to the Irish standards of fineness shall not require further assaying or hallmarking in the State.

(3) Notwithstanding subsection (2) of this section, the Assay Master may at his discretion carry out such random or periodical tests as he thinks necessary or desirable to ensure conformity with the Irish standards of fineness, or to detect forgery.

5.—Subject to section 6 of this Act, a person who in the course of trade or business applies to any article which is not of precious metal a description indicating or specifying that the article is made wholly or partly of gold, silver or platinum, or who supplies or offers to supply or has in his possession for sale such an article to which such a description is applied, is guilty of the offence under section 2 of the Merchandise Marks Act, 1887, of applying a false trade description.

6.—(1) Section 5 of this Act does not apply to a description which is permissible under this Act.

(2) A description is permissible under this Act if it complies with the following conditions:

( a ) it is confined either expressly or by implication to the colour of the article;

( b ) if it consists of or includes the word "gold", that word is qualified by the word "plated" or by the word "rolled";

( c ) if it consists of or includes the word "silver" or the word "platinum", whichever of those words is used is qualified by the word "plated";

( d ) where the description is in writing and the word "plated" or the word "rolled" is used, that word is at least as large as the rest of the description.

(3) Subsection (2) of this section does not apply if the description is false or is applied to an article for which the description is inappropriate.

7.—(1) The Minister may, after consultation with the Company, make regulations prescribing standards of fineness (to be known, and referred to in this Act, as "Irish standards of fineness") for articles of precious metal specified in the regulations and for the solders of such articles.

(2) On and from the commencement of regulations under this section the references in the Charter and in section 3 of the Plate Assay (Ireland) Act, 1807, to standards of fineness of gold and silver and the references in section 22 of the Plate Assay Act, 1783, to standards of fineness of gold shall be construed as references to the corresponding Irish standards of fineness.

8.—(1) From the commencement of this Act every reference to gold or silver in an enactment specified in subsection (2) of this section shall be construed as including a reference to platinum.

(2) The enactments referred to in subsection (1) of this section are—

( a ) the Charter of the Company,

( b ) the Plate Assay Act, 1783,

( c ) the Customs Act, 1842,

( d ) the Plate Assay (Ireland) Act, 1807,

( e ) section 10 of the Revenue Act, 1883,

( f ) the Hall-marking of Foreign Plate Act, 1904,

( g ) the Act of 1913.

9.—(1) Subject to subsection (2) of this section, where a sponsor proposes to submit an article of precious metal to the Assay Master to be struck with an approved hallmark, the sponsor shall cause the article to be struck with a distinctive mark of the sponsor (to be known and referred to in this Act as a "sponsor's mark"), of such design as may be approved by the Assay Master.

(2) Notwithstanding subsection (1) of this section, the Assay Master and a sponsor may make arrangements for the sponsor's mark to be struck by the Assay Master as soon as practicable after the submission to him of the article for the striking of an approved hallmark.

(3) The Company shall keep a register of sponsors' marks struck on articles submitted to the Assay Master for striking with an approved hallmark or struck by the Assay Master under subsection (2) of this section.

(4) Registration of a sponsor's mark shall be valid for a period of ten years from the date of registration and such registration may, on application to the Company, be renewed every ten years.

(5) The Company may, with the consent of the Minister, charge such fee for registration or renewal of registration, and for entering an impression of a sponsor's dies, marks or punches, as shall be specified in such consent, and shall make such impressions of marks or punches on plates or sheets of pewter or copper.

(6) Any register of sponsors' marks kept by the Company and in existence at the commencement of this Act shall cease to be kept not later than six months after such commencement.

10.—Section 59 of the Customs Act, 1842, does not apply to the sale, exchange or exposure for sale of gold or platinum silver plate manufactured outside the State not less than 100 years before the date of importation.

11.—Section 10 of the Revenue Act, 1883, does not apply to any gold, silver or platinum ware imported into the State after the commencement of this act which is proved to the satisfaction of the Revenue Commissioners to have been manufactured outside the State not less than 100 years before the date of importation.

12.—(1) Subject to subsections (3) to (5) of this section, a person who makes an addition, alteration or repair to an article bearing an approved hallmark, except in accordance with the written consent of the Assay Master, shall be guilty of an offence under this section.

(2) Subject to subsection (3) of this section, a person who removes, alters or defaces any approved hallmark struck on an article, except in accordance with the written consent of the Assay Master, shall be guilty of an offence under this section.

(3) Notwithstanding subsections (1) and (2) of this section, it shall not be an offence under this section to batter an article of precious metal so as to render it fit for re-manufacture only.

(4) Notwithstanding subsection (1) of this section, it shall not be an offence under this section to make an addition to an article of precious metal which is not a new article if—

( a ) the character of the article and the purposes for which it can be used remain unaltered;

( b ) the addition is of the same precious metal as that of the article;

( c ) the metal added to the article is of a fineness not less than the Irish standard of fineness for the time being of the article;

and

( d ) the amount of metal added does not exceed the lesser of the following—

(i) 1 gram of gold, 5 grams of silver or 0.5 grams of platinum (as may be appropriate);

(ii) 50 per cent of the weight of the article immediately before the addition was made.

(5) It shall not be an offence under this section to add a coating of a thickness not exceeding 2 micrometres at any point to the whole or any part of—

( a ) an article of gold, if the coating is of gold of a fineness not less than the Irish standard of fineness for the time being for the article;

( b ) an article of silver, if the coating is of silver of a fineness not less than the Irish standard of fineness for the time being or

( c ) an article of silver if the coating is of gold of not less than the minimum Irish standard of fineness;

( d ) an article of gold, silver or platinum, if the coating is of rhodium.

(6) In giving any consent under subsection (1) or (2) of this section, the Assay Master may make it a condition of his consent that the article or any addition made to it be further assayed and struck with the sponsor's mark and such approved hallmarks as may be specified in regulations made by the Minister.

(7) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or both.

13.—(1) Notwithstanding anything in the Act of 1913, the penalty for forgery under section 5 (4) (b) of the Act of 1913 shall be, in the case of a summary conviction, a fine not exceeding £500 or, at the discretion of the court, imprisonment for a term not exceeding twelve months, or both, and, in the case of a conviction on indictment, a fine not exceeding £5,000 or, at the discretion of the court, imprisonment for a term not exceeding five years, or both.

(2) Notwithstanding anything in the Act of 1913, the penalty for an offence under section 8 (2) (a) of the Act of 1913 shall be, in the case of a summary conviction, a fine not exceeding £500 or, at the discretion of the court, imprisonment for a term not exceeding twelve months, or both, and, in the case of a conviction on indictment, a fine not exceeding £5,000 or, at the discretion of the court, imprisonment for a term not exceeding five years, or both.

(3) Notwithstanding anything in the Plate Assay (Ireland) Act, 1807, or in any other enactment, the penalty for a felony under section 16 of that Act or for any other offence under that section shall be, in the case of a summary conviction, a fine not exceeding £500 or, at the discretion of the court, imprisonment for a term not exceeding twelve months, or both, and, in the case of a conviction on indictment, a fine of £5,000 or, at the discretion of the court, imprisonment for a term not exceeding five years, or both.

(4) References in the Act of 1913 to dies shall include portions of a die.

14.—The Company may make such charges, in respect of the assaying and the striking with approved hallmarks of articles of precious metals submitted to the Assay Master for assaying and striking, as the Minister from time to time approves.

15.—Each enactment mentioned in column (2) of the Schedule to this Act is hereby repealed to the extent specified in column (3) of that Schedule.

16.—Every regulation under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation.

17.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

18.—(1) This Act may be cited as the Hallmarking Act, 1981 .

(2) This Act shall come into operation on such day as the Minister appoints by order.

Section 15

SCHEDULE

ENACTMENTS REPEALED

ACTS REFERRED TO